The services of the National Mediation Board were invoked by the Brotherhood of Maintenance of Way Employes (BMWE) on September 8, 1998, to investigate and determine who may represent for the purposes of the Railway Labor Act, as provided by Section 2, Ninth, thereof, personnel described as "Operating/Non-Operating Employees," employees of "the" Delaware-Lackawanna Railroad Company, Inc.

At the time this application was received, these employees were not represented by any organization or individual.

The Board assigned Board Representative Sean J. Rogers to investigate.

FINDINGS

The investigation disclosed that a dispute existed among the craft or class of Operating/Non-Operating Employees, and by direction of the Board, the Board Representative was instructed to conduct an election by secret ballot to determine the employees' representation choice.

The following is the result of the election as reported by Board Representative Rogers who was assigned to count the ballots in this case.

The National Mediation Board further finds that the Carrier and employees in this case are, respectively, a Carrier and employees within the meaning of the Railway Labor Act, as amended; that this Board has jurisdiction over the dispute involved herein; and that the interested parties, as well as the Carrier, were given due notice of the Board's investigation.

CERTIFICATION

NOW, THEREFORE, in accordance with Section 2, Ninth, of the Railway Labor Act, as amended, and based upon its investigation pursuant thereto, the National Mediation Board certifies that the Brotherhood of Maintenance of Way Employes has been duly designated and authorized to represent for the purposes of the Railway Labor Act, as amended, the craft or class of Operating/Non-Operating Employees, employees of "the" Delaware-Lackawanna Railroad Company, Inc., its successors and assigns.

By direction of the NATIONAL MEDIATION BOARD.

Stephen E. Crable

Chief of Staff